Wallach: The NFL filed an appeal with 5th circuit appeals before the other judge ruled

[GhostOfPelluer]

What does this mean?

He knows how the 5th Circuit works and is hired to help the legal team craft its case to argue before that court.

 

[LandryFan]

I'm not an attorney. Everything I'm arguing is my own opinion based on reading the filings, sometimes looking at the cases cited in the filings, gathering opinions from those who are attorneys and actually weighing their opinions based on facts they cite. Some of it is common sense - which is admittedly dangerous because common sense and the legal world are at best distance cousins.

I'm pretty confident in saying that if Zeke wins this case it's because of the unfairness issue. The league wouldn't be able to come back and try it again without new evidence because it would be struck down quickly in court.

If Zeke wins solely on the process of the arbitration, the league would probably be able to go back and re-do that portion of the case.

That is precisely my concern. The league can simply give Zeke another shot to appeal (start the process over) and then simply rule that he is still guilty no matter the evidence/testimony that come out in the second go round. If anything, Zeke would have less of a chance at a truly "fair" appeal the second time around than he had the first time around (and he had zero chance first time around) because of the current fight between the two entities..

 

[Direwolf63]

If the nflpa is smart they tell the owners that they will not come to the table to talk about anything until the owners change the current process.

When the time comes, it's going to be a very long strike/lockout. I can easily see an entire season being wiped out because of it.

And if people think the NFL has ratings problems now, just wait until they come back from this when people have discovered other things to do besides watch football in the fall.

 

[Nightman]

And what will the players have to give up?

$$$$$$$$

The question then becomes: is the PA willing to do that for a process that might involve 1% or 2% of the players? Most players don't care about this process because they are smart enough to not put themselves in a position in which this matters. Unfortunately, Zeke is one of those 1% or 2%.

The NFL wants
International expansion
18 games
Expanded Playoffs
Concussion/CTE settlement to stand

The NFLPA wants
Less Pre-season games and padded practices
No more Thursday NF
Marijuana Policy changed
Long-term healthcare
Changes to Article 46 and Commish's powers

This could be a big fight, especially since the NFLPA got worked last time....... they need to replace DSmith

 

[Direwolf63]

The NFL wants
International expansion
18 games
Expanded Playoffs
Concussion/CTE settlement to stand

The NFLPA wants
Less Pre-season games and padded practices
No more Thursday NF
Marijuana Policy changed
Long-term healthcare
Changes to Article 46 and Commish's powers

This could be a big fight, especially since the NFLPA got worked last time....... they need to replace DSmith

As an aside, effective immediately, the CFL has banned all padded practices, except for training camp.

 

[LandryFan]

100% me as well. I used to watch NFL from Sunday morning until the wrap up shows were over Sunday night. Now it's DVR the Cowboys game and watch just the plays. That's why I'm rarely on the game thread or live forum discussions, btw.

I do something similar. I simply pause the game for about an hour right at kickoff, then watch (I also record so I can go back and see specific plays if I want to). I zip through all the commercials and even the crapfest that the halftime shows have become. I have no desire to listen to those bufoons competing to see who can be the loudest/most obnoxious. Don't watch any pregame or postgame shows anymore, either. Just give me the 60 minute game and I'm happy (if we win).

 

[LandryFan]

When the time comes, it's going to be a very long strike/lockout. I can easily see an entire season being wiped out because of it.

And if people think the NFL has ratings problems now, just wait until they come back from this when people have discovered other things to do besides watch football in the fall.

...and I, for one, will support losing a season if it means having truly neutral arbitrators (as agreed upon by both the NFL and NFLPA). I am just tired of this whole fiasco that the league has become.

 

[TheHerd]

And what will the players have to give up?

$$$$$$$$

The question then becomes: is the PA willing to do that for a process that might involve 1% or 2% of the players? Most players don't care about this process because they are smart enough to not put themselves in a position in which this matters. Unfortunately, Zeke is one of those 1% or 2%.

Which brings up one of my questions. Can a player choose not to join the NFLPA/union? The 1 or 2% have a real interest in not being subjected to this arbitrary BS from the league.

 

[GhostOfPelluer]

That is precisely my concern. The league can simply give Zeke another shot to appeal (start the process over) and then simply rule that he is still guilty no matter the evidence/testimony that come out in the second go round. If anything, Zeke would have less of a chance at a truly "fair" appeal the second time around than he had the first time around (and he had zero chance first time around) because of the current fight between the two entities..

There's a chance the process issue is tied to the fairness issue in court. In which case the league would not be allowed to reissue a ruling.

 

[TheHerd]

...and I, for one, will support losing a season if it means having truly neutral arbitrators (as agreed upon by both the NFL and NFLPA). I am just tired of this whole fiasco that the league has become.

Amen to this. I'd gladly take a fall off if it guranteed the NFL would be run like the other leagues.

 

[Direwolf63]

Which brings up one of my questions. Can a player choose not to join the NFLPA/union? The 1 or 2% have a real interest in not being subjected to this arbitrary BS from the league.

I'm not 100% sure, but my guess would be no.

 

[LandryFan]

There's a chance the process issue is tied to the fairness issue in court. In which case the league would not be allowed to reissue a ruling.

When you say "there's a chance", what percentage would you apply to that chance?

 

[GhostOfPelluer]

When you say "there's a chance", what percentage would you apply to that chance?

I have no idea. The NFLPA is trying. Conspiracy is tough to prove.

 

[LandryFan]

I have no idea. The NFLPA is trying. Conspiracy is tough to prove.

Agree that conspiracy is tough to prove, but if everything I've read is true, the NFL's actions during the arbitration process sure looked conspiratorial.

 

[Tass]

My understanding is that if the courts allow Elliott to file suit prior to the arbitration ruling, then you create a situation where everyone will simply sue prior to the arbitration ruling being rendered. The whole point of arbitration is to not have the courts involved.

Arbitrators are supposed to be unbiased/neutral. In this case the arbitrator worked for Goodell/the NFL. I would sue them, too!

 

[Trouty]

As a parent, I have to say that is sound logic! My house is not a democracy!! hahaha...

 

[GhostOfPelluer]

Agree that conspiracy is tough to prove, but if everything I've read is true, the NFL's actions during the arbitration process sure looked conspiratorial.

That's why there's a chance Zeke wins.

 

[Trouty]

Wow, I just started to read the comments page on the Shefter tweet (which was posting Zeke's teams response). That's a scary cross section of society. We're all doomed.

Dude, I just did the same. 5 minutes of my life I'll never get back.

What's worse, Twitter comments or YouTube comments? At least YouTube comments are funny in their idiocy, Twitter comments just make me angry.

 

[links18]

This process just confuses me

Hire a lawyer to explain it in regular people talk.

 

[jazzcat22]

(yawn)

WAKE UP!!!!!!